Administrator General of Jamaica (Administrator of Estate of Gregory Omair Sinclair) v National Commercial Bank and Dionne Ellis Consolidated with Kaydian Linton v National Commercial Bank et al
Motor Vehicle accident – Negligence - Duty of motorist while turning from major road to minor - Negligence – Duty of care – Overtaking along unbroken white lines.
Tummings, Kimarla v Baker, Winston and Tennyson Foster
Civil procedure – Application to set aside default judgment pursuant to rule 13.3 of the Civil Procedure Rules – Application to extend the validity of the Ancillary Claim Form – Application to extend the validity of the Ancillary Particulars of Claim – Whether the Defendant has a real prospect of successfully defending the claim – Whether the Defendant has a good explanation – Delay – Risk of prejudice.
Manning, Melissa v Team HGS Limited (trading as Hindujah Global Solutions)
Civil Procedure – Application to strike out parts of an affidavit – Without prejudice rule – Exceptions to/limitations of the rule – Relevant and admissible
Lawrence, Lowan v Bhatija, Mukesh Suresh
Civil Procedure Rules –– Application to set aside Default Judgment –– Real prospect of success –– Year delay between acknowledgment of service and application to set aside –– Affidavit of merit and defence being provided by Counsel –– Loss of telephone and inability to communicate with Counsel –– Possible prejudice.
Kent, Desmond v Williams, Navada and Marlene Thompson
ASSESSMENT OF DAMAGES –– Personal Injury –– Pedestrian hit by motor vehicle –– Motor vehicle collision –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Tenderness over 9th ribs –– Fracture to 9th left rib –– Chronic Pain –– Post-Traumatic Stress Disorder –– Moderate tenderness over left and right anterior 7th ribs.
Biggs, Alex v Robinson Williams, Unalyn
ASSESSMENT OF DAMAGES – Personal Injury – Skull fracture – Facial Fractures – Blindness – Pain and suffering and loss of amenities – Special damages – Left orbit bone fracture – Traumatic optic neuropathy – Anterior based skull fracture – Injury to globe of right eye – Loss of consciousness.
Allwood-Palmer, Elaine v Rose Hall Associates Partnership Limited
ASSESSMENT OF DAMAGES –– Personal Injury –– Employee fall whilst walking on wet floor –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Post-concussion syndrome.
Administrator General of Jamaiaca (The) (Administrator for the Estate of Japheth, deceased) v Taylor, Muriel
Recovery of Possession –– Letters of Administration –– Claim for mesne profits.
Wright, Omar v Burke, Vivian Omaar and Duwayne Hemmings
ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages
Bernard, Karl v Whyte, Peter
ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence –– Absence of initial medical report - Expert Evidence – Damages
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